Role, government-regulated fees, service of process, inspection reports, seizure, eviction and debtor rights — Complete 2026 guide.
Bailiffs in Quebec — all you need to know
A bailiff (huissier de justice) is a public officer who serves legal documents, enforces judgments, prepares inspection reports and can negotiate debt collection.
Their fees are set by government regulation. Their service records are presumed accurate until proven otherwise. This guide explains when you need one, what it costs, and what your rights are.
What is a bailiff?
Only a bailiff registered on the CHJQ’s Roll may perform these functions. Any other person who attempts to evict a tenant or seize property is committing an offence.
Officially serving legal documents (applications, judgments, hearing notices, repossession notices). Enforcing judgments through seizure, eviction or judicial sale. Preparing inspection reports (section 9 of the Act). Negotiating amicable debt collection. Examining a debtor about their financial situation.
Bailiffs act impartially: even when retained by a client, they have a duty to inform all parties. Governed by the Act Respecting Bailiffs (c. H-4.1). Mandatory member of the Chambre des huissiers de justice du Québec (CHJQ).
When do you need a bailiff?
Originating applications, summonses, TAL hearing notices, repossession notices, judgments. Bailiff service is the strongest proof of delivery.
Condition of a dwelling, water damage, latent defects, excessive noise, construction defects, digital evidence (screenshots, online publications), estate inventory.
Wage garnishment, bank account seizure, seizure of goods, vehicle seizure, eviction. See our Enforcing a Judgment guide.
Not required, but the effect is significant and proof of receipt is irrefutable. Use our free formal notice creator, then hand it to a bailiff.
« I have [a judgment / a formal notice / a dispute]. My situation is [describe]. Do I need to retain a bailiff? For which act? What documents should I prepare? »
How much does a bailiff cost? — government-regulated fees
For judicial acts, fees are set by regulation (c. H-4.1, r. 13.1) — not negotiable. For private inspection reports and amicable collection, fees are agreed upon with the client.
| Act | Individual | Legal entity |
|---|---|---|
| Service of process — base fee (acts not specifically scheduled) | $26 | $27 |
| Travel — one way only | $2.18/km | $2.18/km |
| Hourly rate (seizures, evictions, etc.) | $85/h | $88/h |
| Vehicle immobilization | $162 | $166 |
| Debtor examination (first hour) | $57 | $58 |
| Eviction (first hour) | $85 | $88 |
| Inspection report (enforcement context) | $90 | $92 |
| Schedule in force since May 22, 2025. 2.5% indexation on April 1, 2026 (annually through 2028). Verify the official schedule or the CHJQ website before retaining. | ||
Who pays? In enforcement: fees borne by the debtor (added to the debt), but the creditor advances them if the seizure is unsuccessful. For service: the requesting party pays, recoverable as court costs. In amicable collection: entirely at the creditor’s expense.
Contesting excessive fees: request a taxation of costs before the taxing officer at the courthouse. Free of charge.
Small claims ≤ $2,000: the schedule includes specific provisions for judgments of $2,000 or less in favour of a non-merchant individual. Verify with the bailiff or court clerk’s office.
How service of process works
Service is the official delivery of a legal document to its recipient. The bailiff prepares a service record — an authentic act describing the exact circumstances of delivery. Your signature is not required.
In person (preferred). If absent: delivery to a capable person at the residence, or in a sealed envelope. After two unsuccessful attempts: service by sealed envelope or public notice.
Can the bailiff speak to your neighbours? Yes, to confirm your address. They will not disclose the nature of the document or any details of the file.
Read it carefully. Note the date — legal deadlines begin running immediately. Refusing to accept the document changes nothing — deadlines run from the moment service is effected. Do not let the deadline pass — a failure to respond can lead to a default judgment. Contact a community justice centre if you do not understand what you received.
The document must bear the bailiff’s seal and signature. If in doubt, verify on chjq.ca. A genuine bailiff will never refuse to identify themselves.
Inspection reports and residential eviction
A bailiff can prepare neutral, objective material observations (section 9 of the Act). The report is presumed accurate until proven otherwise. Have it prepared as soon as you notice the problem — the longer you wait, the more evidence disappears. Common uses: condition of a dwelling, water damage, latent defects, excessive noise, construction defects, encroachment, digital evidence. Costs may be claimed as court costs depending on the dispute.
Only a bailiff holding a valid judgment may legally evict an occupant. The bailiff serves an eviction notice (generally two full juridical days to vacate). Changing the locks, cutting off heat or water, or harassing a tenant is strictly prohibited and exposes the landlord to legal action and the tenant’s right to be reinstated.
For wage garnishment only, the creditor may prepare form SJ-1103 without a bailiff. For any other type of seizure, a bailiff is required.
Your rights when facing a bailiff
Refusing to accept changes nothing — deadlines run from the moment of service. Your signature is not required.
You can negotiate a payment plan at any time. If you pay in full (debt plus fees), the seizure is lifted immediately. File an opposition if an exempt item was seized in error. Your employer cannot dismiss you because of a wage garnishment.
In amicable collection: the bailiff cannot claim their fees from you (the creditor pays), cannot threaten seizure without a judgment, and cannot intimidate you. You may request a payment plan or contest the debt in writing.
If a bailiff acted abusively: CHJQ syndic — chjq.ca / 514-849-2785. Free of charge.
Frequently asked questions
How to find and retain a bailiff
Search by name, region or judicial district on the official CHJQ directory. Choose a bailiff close to the location of service or enforcement — travel fees are calculated based on distance.
The document to serve or the judgment. The recipient’s full legal name and address. Any useful information: hours when they are home, employer (for wage garnishment), financial institution (for bank seizure).
Questions to ask: estimated cost? Experience with this type of file? Do you cover this district? Expected turnaround time?
« I need a bailiff to [serve / enforce / document] in Quebec. The location is approximately [distance] from [city]. Help me understand the regulated fees and costs that will apply to my situation. »
Common mistakes
Official sources
All information in this guide comes from the Chambre des huissiers de justice du Québec, the Act Respecting Bailiffs, the official Quebec regulation on bailiff fees, and the sources cited below.
Regulated fees · Authentic acts · An indispensable ally
A bailiff is an indispensable ally for enforcing your rights in Quebec. Their acts carry evidentiary weight that nothing else can match. Their fees are set by government regulation — you always know what to expect. Choose one in the district of the recipient to minimize travel costs, and ask your questions upfront before retaining.
This guide does not constitute legal advice. Rates and rules change — 2.5% indexation on April 1, 2026. Always verify the current official fee schedule before retaining a bailiff. The author of this site is not a lawyer.
AI tools (ChatGPT, Gemini, Claude, etc.) can invent facts, statutes or deadlines. Always verify with a lawyer, the Barreau du Québec, the relevant court registry or Légis Québec.
An error to report? Information to add or a question about this guide? Write to us at endroit.ca@outlook.com — we read every message with attention.